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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB1839
Introduced 2/14/2005, by Rep. Michael J. Madigan - Barbara Flynn Currie - William Delgado SYNOPSIS AS INTRODUCED:
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305 ILCS 5/10-1 |
from Ch. 23, par. 10-1 |
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Amends the Illinois Public Aid Code. Makes a technical change in a Section
concerning public policy with respect to the determination and enforcement of
the support responsibility of relatives.
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A BILL FOR
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HB1839 |
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LRB094 02847 DRJ 32848 b |
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| AN ACT concerning public aid.
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| Be it enacted by the People of the State of Illinois, |
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| represented in the General Assembly:
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| Section 5. The Illinois Public Aid Code is amended by |
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| changing Section 10-1 as follows:
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| (305 ILCS 5/10-1) (from Ch. 23, par. 10-1)
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| Sec. 10-1. Declaration of Public Policy - Persons Eligible |
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| for Child Support
Enforcement Services - Fees for |
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| Non-Applicants and
and
Non-Recipients.) It is the intent of |
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| this Code that the financial aid
and social welfare services |
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| herein provided supplement rather than
supplant the primary and |
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| continuing obligation of the family unit for
self-support to |
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| the fullest extent permitted by the resources available
to it. |
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| This primary and continuing obligation applies whether the |
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| family
unit of parents and children or of husband and wife |
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| remains intact and
resides in a common household or whether the |
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| unit has been broken by
absence of one or more members of the |
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| unit. The obligation of the
family unit is particularly |
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| applicable when a member is in necessitous
circumstances and |
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| lacks the means of a livelihood compatible with health
and |
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| well-being. |
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| It is the purpose of this Article to provide for locating |
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| an absent
parent or spouse, for determining his financial |
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| circumstances, and for
enforcing his legal obligation of |
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| support, if he is able to furnish
support, in whole or in part. |
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| The Illinois Department of Public Aid shall give
priority to |
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| establishing, enforcing
and collecting the current support |
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| obligation, and then to past due support
owed to the family |
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| unit, except with respect to collections effected
through the |
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| intercept programs provided for in this Article.
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| The child support enforcement services provided hereunder
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| shall be
furnished dependents of an absent parent or spouse who |
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HB1839 |
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LRB094 02847 DRJ 32848 b |
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| are applicants
for or recipients of financial aid under this |
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| Code. It is not,
however, a condition of eligibility for |
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| financial aid that there be no
responsible relatives who are |
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| reasonably able to provide support. Nor,
except as provided in |
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| Sections 4-1.7 and 10-8, shall the existence of
such relatives |
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| or their payment of support contributions disqualify a
needy |
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| person for financial aid.
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| By accepting financial aid under this Code, a spouse or a |
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| parent or
other person having custody of a child shall be |
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| deemed to have made
assignment to the Illinois Department for |
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| aid under Articles III, IV,
V and VII or to a local |
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| governmental unit for aid under Article VI of
any and all |
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| rights, title, and interest in any support obligation up to
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| amount of financial aid provided. The rights to support |
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| assigned to
the Illinois Department of Public Aid or local |
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| governmental unit shall
constitute an
obligation owed the State |
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| or local governmental unit by the person who
is responsible for |
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| providing the support, and shall be collectible under
all |
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| applicable processes.
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| The Illinois Department of Public Aid shall also furnish |
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| the child support enforcement services established under this |
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| Article in
behalf of persons who
are not applicants for or |
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| recipients of financial aid
under this Code in accordance with |
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| the requirements of Title IV, Part D of the
Social Security |
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| Act. The Department may
establish a schedule of reasonable |
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| fees, to be paid for the services
provided and may deduct a |
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| collection fee, not to exceed 10% of the amount
collected, from |
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| such collection.
The Illinois Department of Public Aid shall |
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| cause to be published and
distributed publications
reasonably |
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| calculated to inform the public that individuals who are not
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| recipients of or applicants for public aid under this Code are |
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| eligible
for the child support enforcement services under this
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| Article X. Such
publications
shall set forth an explanation, in |
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| plain language, that the child
support enforcement services |
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| program is independent of any public
aid program under the Code |
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| and that the receiving of child
support
enforcement services in |